Arguments over triple talaq commence in apex court

They argued that the practice of triple talaq was not fundamental to Islam and can be done away with to be in sync with the present social situation, besides being violative of the right to equality of Muslim women guaranteed under Articles 14 and 15 of the Constitution. 

All India Muslim Personal Law Board and other Muslim organisations will get a chance in the course of the hearing, likely to go on for at least six days, to present their stand on these sensitive issues. Senior advocate Yusuf H Muchhala will appear for some Muslim organisations. 

The Centre, through law officers Tushar Mehta and Pinky Anand, maintained that it was not taking any side and was assisting the five-judge Constitution bench on the issues of gender justice, equality for women and dignity of women and the main arguments would be advanced by Attorney General Mukul Rohatgi on Monday. While senior advocate Amit Singh Chadha opened the arguments for Shyara Bano, who was one of the first petitioner, saying neighbouring Islamic countries like Pakistan and Bangladesh have banned triple talaq by terming it as un-Islamic, senior lawyer Anand Grover, appearing for Bharatiya Muslim Mahila Andolan, stated that triple talaq was not a part of Sharia law.

Senior advocate Indira Jaising, appearing for Bebak Collective, a Muslim women organisation, touched upon the issue of violation of fundamental rights due to the practice of triple talaq to the extent a Muslim man exercises power to declare a unilateral divorce and the Muslim woman has no control over such ‘unilateral’, ‘arbitrary’, ‘extra judicial’ divorce and her marital status.